Irvine Restraining Order Attorney
The Law Offices of John D. Rogers routinely represents clients that wish to file a restraining order as a protected person or those who believe a restraining order was unfairly served on them. A restraining order can generally be brought by anyone who feels their safety is at risk. Give us a call today to discuss your matter with an experienced Irvine restraining order attorney. All our consultations are free and completely confidential.
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What is a Restraining Order?
A restraining order is a court-issued order that is designed to protect an individual from harassment, abuse, or threats of violence from another person. In California, there are several types of restraining orders.
Emergency Protective Order
An Emergency Protective Order (EPO) is a type of restraining order that is issued on a temporary basis, usually lasting up to 7 days, and is intended to provide immediate protection to a person who is in danger of domestic violence, stalking, or harassment. It is usually issued by law enforcement in connection with a domestic violence arrest. An EPO can be issued without the alleged perpetrator being present. It typically includes provisions such as ordering the perpetrator to stay away from the protected person, vacate the shared residence, and refrain from contacting the protected person. It can also include other provisions such as giving the protected person temporary custody of any children and ordering the perpetrator to surrender any firearms.
Temporary Restraining Order
A Temporary Restraining Order (TRO) is a type of restraining order that is issued on a temporary basis, usually lasting up to 21 days or until there is a formal hearing on the restraining order petition. It is intended to provide immediate protection to a person who is in danger of violence, stalking, or harassment. It typically includes the same provisions discussed under an emergency protective order. After a TRO is issued, a hearing will be scheduled within 21 days for a judge to determine whether a permanent restraining order should be issued.
Civil Harassment Restraining Order
A California Civil Harassment Restraining Order (CHRO) is a type of restraining order that protects the petitioner from another person who is not a family member or domestic partner. It can be used to protect against behavior that is not necessarily criminal but causes a person to fear for their safety. Normally, a CHRO is issued against a neighbor, former friend, or co-worker.
Domestic Violence Restraining Order
A Domestic Violence Restraining Order (DVRO) is a type of restraining order that is issued to protect a person from abuse or violence from a current or former spouse, cohabitant, or dating partner. It is intended to provide safety and protection for victims of domestic violence. If the judge finds that the petitioner has met the necessary criteria, a DVRO may be issued.
What is the Process of Obtaining a Restraining Order?
The process to obtain a restraining order in California can vary depending on the specific type of order and the circumstances of the case. However, generally, the process involves the following steps:
Filing a petition
The person seeking protection (the “petitioner”) must file a petition with the court, which includes a statement of the specific acts of abuse, violence, or harassment that have occurred.
Once the petition is filed, the court will set a hearing date. The evidentiary hearing date will be within 21 days. However, the TRO may be continued longer for the duration of the case if the formal hearing is continued beyond 21 days.
Notice to the other party
The other party (the “respondent”) must be given notice of the hearing and an opportunity to be heard unless the order is issued ex parte without notice. The petitioner must personally serve the respondent. This can be done through a process server or sheriff’s department.
At the hearing, the petitioner must present evidence to the judge that the conduct meets the definition of abuse, violence, or harassment and that the petitioner is in fear of further abuse.
Issuance of the order
If the judge finds that the petitioner has met the necessary criteria, a restraining order may be issued.
Service of the order
Once the order is issued, it must be served on the respondent.
Should You Retain a Lawyer for Your Restraining Order Case?
Whether you’re the petitioner or respondence, it’s important that an attorney handle your case. A lawyer has the legal knowledge and expertise to navigate you through this unfamiliar and stressful process. They can advise you on the specific requirements for the different types of restraining orders, help you gather evidence, and prepare legal documents.
Restraining orders are legal actions and it’s important that the process is done correctly. A restraining order attorney is familiar with legal standards and can help you to comply with them. This will increase your chances of prevailing at the restraining order hearing regardless if you’re the petitioner or respondent.
Contact an Experienced Irvine Restraining Order Attorney
If you are in need of a restraining order or you need to protect yourself against a falsely issued petition, then call us to speak with an experienced Irvine restraining order attorney. Our office is dedicated to aggressively fighting for your rights. Contact us today to schedule a free confidential consultation.